IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120011822
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN).
2. The applicant states, in effect, the SSN listed in his records is in error. He did not discover the error until he was assembling records for a Department of Veterans Affairs claim.
3. The applicant provides:
* DD Form 214
* Social Security Card
* Social Security Administration Verification Printout, dated 23 May 2012
* 2011 Wage and Tax (W-2) Statement and Earnings Summary
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 17 January 2001. On 29 January 2001, he was discharged from the DEP and enlisted in the Regular Army for 3 years on 30 January 2001. He completed training and was awarded military occupational specialty 13B (Cannon Crewmember). The highest rank/grade he attained while on active duty was private/E-2.
3. On 29 November 2003, the applicant was discharged under honorable conditions. He completed 2 years and 2 months of creditable active military service. The SSN listed on his DD Form 214 is the same SSN used upon his enlistment.
4. The SSN listed on the applicants DD Form 214 was also consistently used on documents throughout his tenure of service.
5. The applicant provides a copy of his social security card issued on 23 May 2012, and an SSN verification printout from the Social Security Administration.
6. The SSN that is listed on the applicant's social security card is not found on any records in his Army Military Human Resource Record (AMHRR), formerly known as the official military personnel file.
7. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldier's upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his correct SSN was carefully considered.
2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the SSN that he currently uses in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his AMHRR.
4. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records including the DD Form 214 were correct when they were prepared and there is insufficient evidence to grant him relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120011822
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ABCMR Record of Proceedings (cont) AR20120011822
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